Solicitation.doc

United States Department of Justice

RFP No. DJJA-06-RFP-0384

United States Department of Justice

Request for Proposals No. DJJA-06-RFP-0384

Contract for Lease of Jet Aircraft

For the

Justice Prisoner and Alien Transportation System

Table of Contents

Section I – Schedule

A.

General and Pricing B.

Term of Contract C.

Option to Extend the Term of the Contract

D.

Notice to Proceed

E.

Small and Large Business Information

F.

Pricing

G.

Other Direct Costs (ODCs) and Administrative Fees H.

Unallowable Costs

Section II – Statement of Work A.

Background

B.

Overview of the JPATS Operating Environment

C.

Purpose and Objective

D.

Scope

E.

Contractor Responsibilities

F.

Government Responsibilities

G.

Aircraft Utilization

H.

Aircraft Requirements/Configuration

I.

Aircraft Departure and Return Locations

J.

Training

K.

Maintenance and Logistics Supports

L.

Flight Scheduling

M.

Deliverables

N.

Delivery, Inspection, and Acceptance of the Aircraft

O.

Substitution of Aircraft

P.

Additional Aircraft

Q.

Personnel Requirements

R.

Key Personnel

Section III – Contract Administration

A.

Contract Type

B.

Indefinite Quantity (OCT 1995) (FAR 52.216-22)

C.

Ordering

D.

Guaranteed Minimum and Contract Maximum

E.

Administrative Contracting Officer (ACO)

F.

Contracting Officer’s Technical Representative (COTR)

G.

Assistant COTRS

H.

Contractor’s Representative

I.

Security Programs Manager

J.

Release of Claims

Section IV – Terms and Conditions A.

Contract Terms and Conditions – Commercial Items (SEP 2005) (FAR 52.212-4)

B.

Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (NOV 2006) (FAR 52.212-5)

C.

Addendum to Contract Terms and Conditions – Commercial Items (SEP 2005) (FAR 52.212-4)

D.

Indemnification

E.

Insurance

F.

Government Furnished Equipment and Facilities

G.

Contractor Furnished Equipment and Supplies

H.

Protection of Government Buildings, Equipment, and Vegetation (APR 1984) (FAR 52.237-2)

I.

Personnel Security

J.

Facility Access

K.

Proprietary Rights

L.

Subcontractor Substitution

M.

Liquidated Damages – Supplies, Services, or Research and Development (SEP 2000) (FAR 52.211-11)

N.

Insurance – Work on a Government Installation (JAN 1997) (FAR 52.228-5) O.

Organizational Conflict of Interest – General

P.

Confidentiality of Data

Q.

Electronic Subcontracting Reporting System (ESRS) – Interim Procedures

R.

Small Business Subcontracting Plan

S.

Clauses Incorporated by Reference (JUN 1988) (FAR 52.252-2) Section V – List of Attachments

A.

Attachments

Section VI – Commercial Item Representations and Certifications A.

Offeror Representations and Certifications – Commercial Items (NOV 2006) (FAR 52.212-3)

Section VII – Instructions to Offerors A.

Instructions to Offerors – Commercial Items (SEP 2006) (FAR 52.212-1)

B.

Addendum to 52.212-1, Instructions to Offerors – Commercial Items (SEP 2006) (FAR 52.212-1)

C.

Proposal Submission Instructions

D.

Submission of Electronic Proposal

E.

Inquiries

F.

Proposal Submission

G.

Pre-Proposal Conference and Site Visit

H.

Inspection of Government Facilities

I.

Disposition of Proposals

J.

Protests Filed Directly with the Department of Justice (JAN 1998) (JAR 2852.233-70)

K.

Brand-Name or Equal (AUG 1999) (FAR 52-211.6)

L.

Brand-Name or Equal (JAN 1985) (JAR 2832.211-70)

M.

Provisions and Clauses Incorporated by Reference (JUN 1988)

(FAR 52.252-2)

Section VIII – Evaluation of Offers A.

General

B.

Evaluation – Commercial Items (JAN 1999) (FAR 52.212-2)

Section I – Schedule A.

General and Pricing A.1.

SEQ CHAPTER \h \r 1The Justice Prisoner and Alien Transportation System (JPATS) requires the lease of narrow-bodied (single aisle), large passenger/transport jet aircraft and associated maintenance and logistical support under this Indefinite Delivery/Indefinite Quantity (IDIQ) Firm-Fixed-Price Contract (hereinafter referred to as the contract). Under this brand name or equal long-term contract , the Contractor shall furnish a standardized aircraft fleet that meet all of the salient characteristics as described in the Statement of Work.

A.2.

Delivery orders for aircraft under this contract will be issued on a firm-fixed price basis. The aircraft supplied at all sites must be of the same aircraft type and must have common standardized avionics suites. Additional aircraft may be leased for these sites or for additional sites that may be created during the life of the contract.

A.3.

At the beginning of the contract, the Contractor shall provide two (2) aircraft for the Oklahoma City operational site, three (3) aircraft for the Mesa, Arizona operational site, and three (3) aircraft for the Alexandria, Louisiana Operational site. (See the Contract Line Item Numbers (CLIN) X001, X002, and X003, respectively, in the attached pricing tables – Attachment No. 1).

A.4.

In addition to the eight (8) aircraft mentioned above, Offerors shall propose four (4) aircraft under the Optional Aircraft CLIN (X004) in the pricing table.

A.5.

The monthly contract price for each aircraft also covers scheduled maintenance, logistical support services, and training described herein, which shall not be charged separately.

A.6.

The aircraft specified in Table No. 2 below at the operational locations are the aircraft for which United States Marshals Service (USMS) JPATS pilots are type-rated and certificated (See Attachment No. 2).

B.

Term of Contract The Contractor shall provide leased aircraft and associated maintenance and logistics support for the exclusive use of JPATS for the period of performance delineated in Table No. 1 below.

Table No. 1. Term of the Contract

Base Year

C.

Option To Extend The Term Of The Contract This contract may be extended, at the option of the Government, upon the same terms and conditions for a period of one (l) year or fractions thereof by the Contracting Officer giving written notice of the Government's exercise of such option to the Contractor at any time during the term of this contract. Such exercise shall not have effect unless the Contracting Officer has given preliminary written notice of an intent to exercise such option at least thirty (30) days prior to the last day of the term of the contract. Such preliminary notice shall not be construed as an exercise of the option, and will not bind the Government to exercise the option. If the Government exercises such option, the contract period shall commence running on the next day following the expiration of the contract term which was in effect prior to the Government's exercise of such option, and the contract, as extended, shall be deemed to include this option provision; provided, however, that the total duration of this contract, including the exercise of any options under this clause, shall not exceed ninety six (96) months after the effective date of the contract.

D.

Notice to Proceed After a successful pre-award inspection of the initial eight (8) aircraft, the Government shall award a contract to the apparent successful offeror. After contract award, the Contractor shall configure and present the first aircraft for final delivery inspection and acceptance (See Section II.N.2). During the aforementioned configuration period for the first aircraft, the Contractor shall also obtain the required security clearances for contractor personnel and submit evidence of adequate insurance to the Contracting Officer as required by the clauses in Section IV.E. & N. Upon: 1) the Government’s acceptance of the aircraft and all associated deliverables (See Section II.M.9-30), 2) receipt of adequate insurance documentation, and 3) receipt of evidence of the proper security clearances for contractor personnel, the Contracting Officer will issue a Notice to Proceed to bring the first aircraft into service. If the Contractor fails to deliver the first aircraft in a timely manner, or if the aircraft and its associated deliverables are not acceptable to the Government, or personnel are not properly cleared or if adequate insurance documentation is not submitted in timely manner, this contract may be terminated at no cost to the Government.

E.

Small and Large Business Information E.1.

This competition is being conducted on an unrestricted, full and open basis. Accordingly, large businesses are required to submit a small business subcontracting plan, and the solicitation includes a HUBZone price adjustment (see Section IV.B(b)(3) ; therefore an North American Industry Classification System (NAICS) Code and Size Standard have been assigned.

E.2.

SEQ CHAPTER \h \r 1NAICS Code and Size Standard -- The NAICS code assigned to this procurement is 532411 – Aircraft Rental and Leasing. The corresponding small business size standard is $6.5 million in average annual receipts over the past three years. This means that if the average annual receipts for a prime contract offeror exceeds this amount, the offeror must certify itself as a “Large” business under this procurement (see Section VI.A.(c)(1) and submit a Small Business Subcontracting Plan, even if it is SEQ CHAPTER \h \r 1otherwise considered a “small business” under other federal contracts, or under other NAICS codes.

F.

Pricing

F.1.

At Attachment No. 1 SEQ CHAPTER \h \r 1 is a Microsoft Excel pricing table spread sheet that offerors are to complete for this contract. This pricing tables will be incorporated into the contract. See Instructions for completing the pricing tables in Section VII.C.2.4.b of the RFP.

F.2.

Brand Name or Equal Considerations – If an offeror proposes a Brand Name or Equal aircraft as defined in Section II.H.3 of this solicitation, the offeror’s proposed monthly price must also include the following training services:

1. Brand Name Aircraft -- Type rate training, recurrent training, or transition training as appropriate for JPATS pilots not already typed, current and transitioned in offered Brand Name aircraft prior to final aircraft delivery. Table No. 2 below indicates that the pilots assigned in Oklahoma City and Alexandria are not currently qualified in MD-83 aircraft, while the pilots assigned in Mesa are not currently qualified in 737 aircraft. Training shall be conducted at a domestic FAA approved training facility. Qualifications for presently assigned JPATS pilots are identified in Attachment No. 2 by location. The Offeror shall provide a training plan for accomplishing the pilot raining. Training expenses shall also include all travel and per diem costs.

2.

Equal Aircraft -- Type rating training, recurrent training, or transition training, as appropriate, for JPATS pilots not already typed, current, and transitioned in offered “equal” aircraft prior to final aircraft delivery. Training shall be conducted at a domestic FAA approved training facility. Qualifications for presently assigned JPATS pilots are identified in Attachment No. 2 by location. The Offeror shall provide a training plan for accomplishing the pilot training. Training expenses shall also include all travel and per diem costs. The costs of Contractor co-pilots to fly the “equal” aircraft while the JPATS pilots are being trained to fly “equal” aircraft. Contractor pilots will only be allowed in a co-pilot (first officer) position.

F.3.

Optional Aircraft – As noted above, the Government may elect to order up to four (4) additional aircraft, meeting the specifications described herein, at any time during Option Year numbers 1 through 7 of this contract. The Government understands that requiring the Contractor to price these aircraft at the beginning of the contract increases its risk of being unable to recoup the sunk costs incurred by financing, procuring and configuring the aircraft to the Government’s specifications, particularly if the Government orders the aircraft during the latter part of the contract. Accordingly, the Government has taken the following steps to mitigate this risk.

1. Price Points – Price Points are set for any aircraft ordered under CLIN X004 of the pricing table. These price points, the monthly prices for each optional aircraft during a given ordering window, are the price that the Government will pay for any additional aircraft that become operational at the beginning of each option year under CLIN X004. If an aircraft becomes operational at any other time during the option year other than at the beginning (defined as the first full month of the option year), the Contractor may be eligible for an equitable adjustment where the monthly price paid for the plane during the period it becomes operational will not to be lower than the price point set for the applicable option year nor higher than the price point set for the next option year, as determined by the Government. For example, the monthly price of $1 million for an aircraft during the first option year is the aircraft’s price point for that option year . If the Government elects to order that aircraft that becomes operational at the beginning of the Option Year No. 1, it will pay the Contractor $12 million ($1 million/month) to lease it. If the Government elects to order the aircraft and it becomes operational during the six month of Option Year No. 1, the Contractor may be eligible for an equitable adjustment to account for the six months lost to it to recoup its sunk costs.

2. Ordering Additional Aircraft – If the Government orders additional aircraft, it will generally be during the ordering window, as defined above, although it does reserve the right to order additional aircraft at any time during the life of the contract.

G.

Other Direct Costs (ODC) and Administrative Fees G.1.

ODCs -- There are certain items that will be charged on an ODC basis (see below and CLIN X005 in the pricing tables). SEQ CHAPTER \h \r 1Each item ordered under this CLIN includes a annual Government estimate (which is used for evaluation purposes only). These estimates are “the raw ODC given amounts”. The actual amount for the ODCs may range from zero dollars ($0) to a dollar amount higher than these estimates . The Government is under no obligation to purchase any ODCs under this contract.

G.2.

SEQ CHAPTER \h \r 1Administrative Fee -- Each ODC line item specified below shall have a corresponding Administrative Fee that will offset administrative handling costs associated with procuring and managing the ODC. After delivery and acceptance of the ODC, the actual “reasonable, allowable, and allocable” direct cost of the item will be reimbursed plus the handling charge amount as calculated by multiplying the ODC amount by the applicable Administrative Fee . The specific elements of cost under ODC item are only allowable to the extent that they are not included in the fixed unit prices of and have been authorized by the Contract Officer . The billable amount shall be limited to the actual reasonable, allowable, and allocable cost of the item plus the amount resulting from the application of the appropriate Administrative Fee identified in the Administrative Fee Pricing Table (e.g., if the actual cost of an item is $100.00, and the Administrative Fee for that ODC category is 0.045, the total billable amount is $104.50). For subcontracted items/services, the Administrative Fee shall only be applied one time. For example, a subcontractor might be required to travel. It is not permissible for the subcontractor to apply a handling charge to the travel costs in billing the prime contractor, and then for the prime contractor to apply another handling charge when billing the Government. The Administrative Fee may only be applied once, and must be applied to the documented actual direct cost of the item.

G.3.

Travel Expenses (CLIN X005A in Pricing Table No.1) 1.

SEQ CHAPTER \h \r 1Local Travel Expenses: As a general rule, local travel expenses will not be reimbursed under this contract. Examples of local travel that will not be subject to reimbursement are: 1) travel to and from normal job site (i.e. Commuting costs); and 2) supervisory personnel traveling to a government site or alternative facility to oversee operations. Personnel assigned to a temporary government site or alternate facility will consider such facility his/her normal job site.

2.

Non-local travel expenses: SEQ CHAPTER \h \r 1All non-local travel shall be approved in advance by the Contracting Officer’s Technical Representative (COTR). Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with part 31 of the Federal Acquisition Regulations and the Federal Travel Regulations (FTR). Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the contractor must submit (to the COTR) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the contractor (for all contractor personnel who are required to travel) which may allow contractor personnel to receive government rates when on long distance travel. The federal travel regulations and per diem rates can be accessed at: www.gsa.gov and type “FTR” in their search box.

G.4.

Unscheduled Maintenance and Repairs (CLINs X005B Pricing Table No. 1)

1.

The following maintenance and repair events are classified as unscheduled maintenance. The Contractor will be reimbursed for actual labor and/or material costs incurred, as indicated, in accomplishing these actions, with approval of the COTR and the Contracting Officer. Reimbursement under this CLIN does not extend to unscheduled Heavy Maintenance or replacement of engines due to unscheduled maintenance/failure, or to replacement of auxiliary power units or landing gear to unscheduled maintenance/failure. The Contractor shall attach copies of the aircraft flight log pages to invoices submitted for reimbursement, as applicable.

Note: Prior to final delivery of any aircraft, the Contractor shall, for each installed engine and auxiliary power unit (APU), provide evidence that it has secured an engine/APU maintenance program; either a “power-by-the-hour” program or a program using maintenance reserves, that meets industry standards for performing scheduled and unscheduled heavy maintenance, including all off-wing maintenance events, and leased or loaner engines.

a.

Pilot Reported Discrepancies: Materials - As Required.

b.

Non Routine Maintenance Items Identified During a Scheduled Major Inspection: Labor and Materials - As Required.

c.

Airworthiness Directives: Labor and Materials - As Required.

d.

Manufacturer Mandatory/Alert Service Bulletins: Labor and Materials – As Required.

e.

Customer Requested Alterations/Manufacturer Recommended Service Bulletins: Labor and Materials - As Required.

f.

Repair/Replacement of Cabin Equipment and Furnishings due to Abuse: Materials - As Required.

g.

Industrial Interior/Exterior Aircraft Cleaning as directed by COTR - As Required.

h.

Emergency Off-Site Repairs: Labor and Materials – As Required.

H. SEQ CHAPTER \h \r 1 Unallowable Costs H.1.

Hours expended by contractor personnel working on delivery order proposals are not allowable as items of direct cost and not reimbursable under this contract.

H.2.

Proposal preparation costs incurred to seek a contract are not payable nor reimbursable to the offerors or contractors.

Section II- Statement of Work

A. Background A.1.

The Justice Prisoner and Alien Transportation System supports the Federal judiciary through its scheduling and transportation responsibilities. JPATS transports sentenced prisoners who are in the custody of the Federal Bureau of Prisons (BOP) as well as the Bureau of Immigration and Custom Enforcement (ICE) criminal/administrative aliens to hearings, court appearances and detention facilities. JPATS also provides regular international flights for the removal of deportable aliens. Military and civilian law enforcement agencies use JPATS to shuttle their prisoners between different jurisdictions at a fraction of what commercial sources would charge.

A.2.

JPATS operates a fleet of aircraft that moves prisoners and aliens over long distances more economically and with higher security than commercial airlines. Most air movements are done aboard large and small jets that JPATS owns or leases. On average JPATS completes over 213,000 prisoner/alien movements per year by aircraft.

A.3.

JPATS is the only government-operated, regularly scheduled passenger airline in the nation. JPATS routinely serves approximately 40 domestic and international cities, plus other major cities in the United States on an as-required basis.

A.4.

To continue to fulfill this critically important mission, JPATS requires the lease of U. S. registered, narrow-bodied, large passenger/transport jet aircraft. This long-term aircraft contract will replace short-term (three-year) aircraft leases that are expiring.

B. Overview of the JPATS Operating Environment B.1.

JPATS is headquartered in Kansas City, Missouri with air fleet operations centered in Oklahoma City, Oklahoma, and hubs in Alexandria, Louisiana and Mesa Arizona. Currently at these sites JPATS utilizes six leased aircraft comprising of two (2) B-737-400 aircraft, two (2) Boeing 737-300 aircraft and two (2) MD-83 aircraft, respectively.

Table No. 2. JPATS Current Jetliner Fleet

B.2.

The Government desires to replace these aircraft with a standardized fleet of eight (8) aircraft for all JPATS main operating sites (ref. to Section I.A.3). These aircraft shall be of the same category, class, type, and series/model. The Government reserves the right to obtain additional aircraft for these and other JPATS locations under this contract, as circumstances dictate.

C. Purpose And Objective C.1.

The purpose of this contract is for JPATS to have the flexibility to lease eight (8) to twelve (12) jetliners for its aircraft operations with main operating sites in Oklahoma City, Oklahoma; Mesa, Arizona; and Alexandria, Louisiana. The Government reserves the right to add or delete JPATS operational sites and to increase or decrease the number of jet aircraft during the life of this lease, as circumstances dictate.

C.2.

The objective of this procurement is to obtain jetliners that meet the needs of the JPATS program in the most cost effective manner possible.

D. Scope

D.1.

The Contractor shall provide to JPATS the jet aircraft and all associated maintenance and logistics support described herein.

E. Contractor Responsibilities E.1.

In addition to the aircraft, the Contractor shall provide maintenance, logistics, positioning/de-positioning, and all maintenance ferry flights. Other functions at each of the operational sites that shall be the responsibility of the Contractor include, but are not limited to: push backs, lavatory servicing, potable water servicing, interior and exterior cleaning, positioning and operation of ground power units (GPUs), external air carts (“huffers”), air conditioning carts, and air stairs. All of these services and associated supplies shall be the responsibility of the Contractor and shall be included in the contract prices.

E.2.

Ground Support Equipment (GSE) listed in Attachment No. 3 will be available to the Contractor. The Contractor shall be responsible for GSE maintenance at the Alexandria, LA and Mesa, AZ operational sites. JPATS will retain maintenance responsibility of GSE positioned at the Oklahoma City operational site. Powerbacks/Powerouts are not permitted in any location.

E.3.

The Contractor shall provide the COTR a logistics inventory for each JPATS main operating site, to include aircraft “Fly Away Kits,” with updates as requested by the COTR. These inventories shall be provided at the time of delivery of the aircraft to each JPATS operational site. Minimum requirements for the Fly Away Kits are identified in Attachment No. 4.

E.4.

The Contractor shall consider each of the three JPATS main operating sites as “main operating bases” (MOB), as opposed to “out stations,” and staff accordingly with appropriate levels of mechanics, support staff, and logistics support, and schedule and perform maintenance accordingly. Main operating bases may be added or deleted at the discretion of the Government.

E.5.

The Contractor shall be responsible for performing thorough routine and non-routine housekeeping, cleaning, and general maintenance activities on three operating sites, to include hangar bays in Oklahoma City and Alexandria, and back shops, logistics storage rooms, and maintenance offices at all USMS operational sites (Please see Attachment No.5).

E.6.

The Contractor shall be responsible to clear ice and snow from the JPATS aircraft parking ramps at the main operational sites during periods of inclement weather to include the aircraft parking ramp and adjacent taxi way at the Federal Transfer Center (FTC) at the Oklahoma City operational site.

F.

Government Responsibilities F.1.

JPATS will be responsible for operational ground handling fees including landing fees and aircraft de-icing.

F.2.

JPATS will operate the leased aircraft as Public Use Aircraft. All aircraft shall be operated in compliance with mandatory requirements contained within Title 14 CFR Part 91, FAA Advisory Circular 00-1.1, Government Aircraft Operations, and the policies and procedures as detailed in the JPATS Flight Operations Procedure Manual (FOPM) and General Maintenance (GMM) (Attachment No. 6). To facilitate conflict resolution, the referenced JPATS manual shall have precedence over the Contractor’s manuals while the aircraft is in the possession of, and being operated by, JPATS. Daily decision on the aircraft airworthiness and “dispatchability” are the responsibility of the JPATS Chief of Flight Operations and the JPATS Chief of Maintenance.

G.

Aircraft Utilization G.1.

Based on current mission flying schedules, JPATS’ estimated utilization rate for the proposed fleet of eight (8) aircraft will be approximately 13,000 flight hours and 7,200 landings (cycles) total per year. The estimated hours and cycles identified above are representative of the expected usage and as such actual hours may vary due to scheduling demands.

H.

Aircraft Requirements/Configuration H.1.

The Contractor shall provide aircraft that are transport category aircraft of U.S. registry with a valid FAA issued standard Certificate of Airworthiness at time of delivery to JPATS.

H.2.

Specific minimum requirements for the types of airframes to be supplied are as follows:

1. As specified in Section II, B.2., aircraft offered to the government shall be of the same category, class, type and series/model, thereby constituting a standardized fleet. Aircraft offered that are not of the same category, class, type and series/model as the current leased aircraft identified in Section II, B.1., must be “equal” as defined below.

H.3.

Brand Name or Equal. The Contractor must provide a standardized fleet of Boeing 737-400s, MD 83s, or equal aircraft. In accordance with FAR 11.104(b), the following are the required Salient Characteristics of the aircraft:

1. Aircraft must be large, passenger/transport category, turbine powered jet aircraft that meet all specifications of its original Type Certificate in accordance with Title 14 CFR Part 25 and at the time of delivery possess a valid FAA issued standard Certificate of Airworthiness.

2. Aircraft must be certified for day, night, VFR, IFR operations and flight into known icing conditions.

3. Aircraft must be equipped with emergency equipment and equipment for over water passenger operations in accordance with Federal Aviation Regulations: 121.309 and 121.339.

4. Documentation from contractor that aircraft must not have sustained any substantial damage as defined by National Transportation Safety Board Subpart A, General 830.2.

5. Aircraft must have a minimum gross takeoff weight of 143,500 pounds.

6. Aircraft must be equipped with an APU (auxiliary power unit) suitable for providing ground power, self contained engine starts, and ground heating and cooling of the aircraft. The unit must be capable of supplying pressurization to the aircraft and electrical power to the aircraft’s electrical system while airborne.

7. Aircraft must be equipped with a minimum of three lavatories configured for external servicing.

8. Aircraft must be of a narrow body (single aisle) configuration.

9. Aircraft must have a standard 2 and 3 configuration, or 3 and 3 seating configuration.

10. Aircraft must have a manufacture date no earlier than 1991 with cycles not to exceed 33,000.

H.4.

In addition to the Salient Characteristics listed in Section II, H.3, all leased aircraft shall have, as a minimum, the following at the time of final delivery to JPATS:

1. General A.

All documentation and manuals for the operation of the aircraft flight systems.

B.

All cockpit and cabin instrumentation, avionics, placards, gages and any additional required documentation, must be labeled and readable in the English language and US measuring system. Metric system not acceptable.

C.

An approved electronic system for calculating and determining the aircraft center of gravity prior to flight. The system must be readily useable by flight crew members on a per flight basis. The system must be compatible with Microsoft Windows XP Tablet PC Edition 2005 operating system as installed on Motion Computing Tablet Model LS800.

D.

An approved paper (non-electronic) system for calculating and determining the aircraft center of gravity prior to flight. The system will serve as a backup to the electronic system.

E.

Compliance with all published FAA Airworthiness Directives and manufacturer Mandatory/Alert Service Bulletins.

F.

Compliance with all calendar, flight hour, flight cycle maintenance inspections/events from either a manufacturer or FAA approved maintenance program.

G.

High bypass engines individually rated at 23,500 lbs sea level static thrust or greater for the 737 series aircraft.

H.

Engines individually rated at 21,000 lbs sea level static thrust or greater for the MD-80 series aircraft.

I.

Aircraft must have a minimum fuel capacity of 5,311 U.S. gallons. Fuel capacities above manufactures standard capacities are acceptable.

2. Avionic/Navigation/Auto Flight System A.

Single or dual FMS (Flight Management System) with a data base memory capacity sufficient to contain and access, as a minimum, all high and low altitude airways and associated intersections, terminal and en route waypoints, holding fixes, ADF beacons and navaids for both the northern and southern hemisphere (worldwide). In addition, the data base must also be memory capable of containing and accessing all airports with an instrument approach procedure and runway(s) greater than 5,000 feet in length. The airport data shall include all terminal and approach and departure procedures and associated instrument approaches. Geographically the airport data base area is defined as all of the continental United States, Alaska, Canada, Latin America and South America. To accommodate future data base expansion requirements and to preclude early obsolesce the system shall be a Smith Industries Model type 4MCU with software version U10.6 or greater. An equivalent system is acceptable.

B.

The FMS software version must be the same for each aircraft and should represent the most recent version for the respective FMS system.

C. The FMS must be fully integrated/interfaced with and receive navigational data / inputs from a minimum of two IRS (Inertial Reference Systems), a minimum of one GPS (Global Positioning System) and a minimum of two radio navigation systems. The system must be FAA certified and capable of conducting GPS / RNAV approaches.

D. A Flight Guidance / Autopilot System.

E. Three (3) digital VHF transceivers communication systems with a minimum of 760 channels with 8.33 KHZ spacing.

F. Two (2) digital VHF, VOR/LOC navigation receivers.

G. Two (2) glide slope receivers with a minimum of 40 receive channels.

H. One (1) marker beacon receiver systems.

I. Two (2) digital ADF navigation systems.

J. Enhanced GPWS system with low level wind shear detection and TAWS capability.

K. TCAS II system incorporating revision 7.

L. Two (2) Air Data Computers.

M. Two (2) Radio Altimeter systems.

N. One (1) Digital Flight Data Recorder.

O. One (1) Digital Cockpit Voice Recorder.

P. One (1) digital HF communication system.

Q. One (1) VHF and HF SELCAL system.

R. Two (2) mode S Transponders.

S. Two (2) DME systems, with Nav-1 and Nav-2 channeling.

T. One (1) Altitude Pre-select/Alerter system.

U. All aircraft equipment and components necessary for certification for flight operations in RVSM airspace.

V. One (1) wiring system/coax and antenna capable of supporting a cockpit mounted, U.S. Marshals Service provided, AirCell ST 3100 Iridium Telecommunication System (satellite communication system).

W. An EFIS (Electronic Flight Instrument System) consisting of both pilot and copilot:

i. EADI (electronic attitude director indicator) with integrated airspeed format display.

ii. EHSI (electronic horizontal situation indicator) utilizing a heading up and not track up display format.

iii. Note: Engine instrument/hydraulic displays may be either EFIS or analog displays.

X. Digital auto throttle system.

Y. Standardized cockpit presentations and associated navigational equipment and instruments.

3. Equipment A.

Operational forward self-contained and powered air stairs (except for aircraft with ventral air stairs).

B.

An operational Class C fire detection and suppression system in all cargo compartments.

C.

Operational thrust reversers.

D. Compliant with noise level requirements established in Title 14 CFR Part 36, stage three.

E. Have single point refueling capability

4.

Cabin Configuration/Furnishing/Equipment/Storage. Each plane shall:

A.

Have a minimum of 156 forward facing coach seats installed with the maximum pitch possible. Passenger seats shall be “Tourist Class” Triple or Triple and Double configuration and meet Title 14 CFR Part 121 standards for the carriage of passengers, such as the Weber Tourist Class Triple Passenger Seat Configuration, Part number 834685-XXX, or equivalent.

B.

Have the required minimum number of flight attendant seats required by part 121.

C.

Have all cabin class partitions removed.

D. Be compliant with Title 14 CFR Part 121 burn criteria.

E. Have a reinforced Flight Deck Door meeting the standards for a Title 14 CFR Part 121 commercial air carrier.

F. Have standard “airline” type / style galleys installed.

G. Have interior windows, metal surfaces, paint, seats, carpet and interior appointments in good condition with no damage or excessive wear.

H. Have all seat-back trays removed.

I. Have all ashtrays removed with appropriate blanking plates installed in their place.

J. Have all seat backs locked in the full upright position, with the exception of the first two forward seat rows and the emergency exit seat rows.

K. Have all galley service carts including cabin and galley provisions such as food, alcohol, soft drinks, etc. removed, and the cabin shall be clean and suitable for flight operations.

L. Have provisions for storage of JPATS ice chest and bottled water in galley(s) with appropriate tie downs or reinforced web strapping.

M. The cargo bay shall have provisions for securing a maintenance “Fly Away Kit” and other stored supplies.

5.

Exterior A.

Each plane shall have a fresh (within the last 18 months) white or light colored paint scheme, with or without contrasting stripping, not representative of any commercial carrier.

B.

Metal surfaces, exterior windows and paint shall be in good condition with no damage or excessive wear.

C.

Each plane shall have an appropriately assigned U.S. registration number applied to the aircraft in accordance with Title 14 CFR requirements.

I. Aircraft Departure and Return Locations I.1.

The leased aircraft will generally be required to depart from and return to a JPATS main operational site, including but not limited to Oklahoma City OK, Alexandria LA, or Mesa AZ. Operational sites may be added or deleted, as required.

J. Training

J.1.

The offeror must provide the following training for JPATS pilots for any aircraft type provided under this contract.

1. Brand Name Aircraft --Type rating training, recurrent training or transition training as appropriate for JPATS pilots not already typed, current and transitioned in offered Brand Name aircraft prior to final aircraft delivery. The table in Section II, B.1. illustrates that the JPATS pilots assigned in Oklahoma City and Alexandria are NOT currently qualified in MD-83 aircraft, while the pilots assigned in Mesa are NOT currently qualified in 737 aircraft. The training will be conducted at a domestic FAA approved training facility. Qualifications for presently assigned JPATS pilots are identified in Attachment No. 2 by location.

2. Equal Aircraft -- Type rating training, recurrent training or transition training as appropriate for USMS pilots not already typed, current and transitioned in offered “equal” aircraft prior to final aircraft delivery. The training will be conducted at a domestic FAA approved training facility.

J.2.

The Contractor shall implement a maintenance training program for assigned mechanics that meets the standard for a Title 14 CFR Part 121 commercial air carrier.

K.

Maintenance and Logistics Support K.1.

The Contractor is responsible for Aircraft Maintenance and Logistics Support in providing full Line Servicing, Line Maintenance, and Heavy Maintenance at each of the JPATS’ main operational sites.

K.2.

Aircraft must be maintained, inspected, repaired, and altered to the standards of an FAA approved continuous airworthiness maintenance program applicable to a Title 14 CFR Part 121 operator.

K.3.

The Contractor shall be reimbursed for unscheduled maintenance events under the Other Direct Cost CLIN for Unscheduled Maintenance/Repairs (See Section I.G.4). This reimbursement may include: 1) materials for the corrections made in response to Pilot Reported Discrepancies; 2) materials for the repair/replacement of cabin equipment and furnishings due to abuse; 3) non-local travel expenses for the Contractor’s in-flight mechanics; and 4) labor and materials for:

1.

the correction of non-routine maintenance items identified during the accomplishment of a major scheduled inspections, 2.

the accomplishment of FAA mandated Airworthiness Directives (AD), 3.

the accomplishment of manufacturer Mandatory / Alert Service Bulletins (SB), 4.

the accomplishment of customer requested alterations, and

5.

the accomplishment of industrial cleaning of the aircraft’s interior/exterior on a more frequent interval than detailed in K.15 and K.16, as directed by the Contracting Officer.

K.4.

Contractors must perform maintenance and inspections in accordance with the policies and procedures contained within the manuals applicable to that program.

K.5.

The Contractor is responsible to provide the following manuals /documents, in electronic media or hardcopy, as appropriate, to the on-site ACOTR, at each of the JPATS main operational sites, at time of aircraft delivery:

1.

All documentation and manuals for the operation of the aircraft flight systems (e.g. FMS, GPS, TAWS, TCAS).

2..

Manufacturers Airplane Flight Manual (AFM) with Performance Specifications and Systems Description and Operation for each leased aircraft.

3.

Minimum Equipment List (MEL) for each leased aircraft (see Attachment No. 7) 4.

Aircraft Operating Manuals – quantity of three per each leased aircraft 5.

Quick Reference Handbooks (QRH) or equivalent - quantity of three per each leased aircraft 6.

Weight and Balance Manual for each leased aircraft 7.

Latest weighing data for each leased aircraft – must be within the twelve months prior to delivery 8.

Weight and Balance system – electronic - to be utilized by the JPATS flight crews prior to flight to calculate center of gravity (CG) for each leased aircraft (Ref. Section II, H.4.1.C) 9.

Weight and Balance system – paper backup- to be utilized by the JPATS flight crews prior to flight to calculate center of gravity (CG) for each leased aircraft (Ref Section II, H.4.1.D) 10.

Refueling Manual for each leased aircraft 11.

De-Ice Manual for each leased aircraft 12.

General Maintenance Manual – one (1) manual, or access to electronic manual, at each JPATS operational site.

13.

Safety Manual – one (1) manual, or access to electronic manual, at each JPATS operational site.

14.

Hazardous Materials Manual – one (1) manual, or access to electronic manual, at each JPATS operational site.

15.

Ground Handling/Station Operations Manual – one (1) manual, or access to electronic manual, at each JPATS operational site.

16.

Aircraft Maintenance Manuals (AMM) for leased aircraft -- one (1) hard copy set, or access to an electronic database, at each JPATS operational site 17.

Illustrated Parts Catalogs (IPC) for assigned leased aircraft -- one (1) hard copy set, or access to an electronic database, at each JPATS operational site.

18.

Automated Maintenance Tracking Program (CAMPS, Daniels, Flight Doc, or equivalent) -- one (1) hard copy set, or access to an electronic database, at each JPATS operational site 19.

Aircraft List of Passenger Accommodations (LOPA) for each assigned lease aircraft 20.

Valid and current aircraft Equipment List for each assigned leased aircraft 21.

Logistics (Spares) Inventory for each JPATS main operating site, and

22.

Inventory for each Fly Away Kit

NOTE: JPATS manuals shall have precedence over the Contractor’s manuals while the aircraft are in the possession of, and being operated by JPATS.

K.6.

A JPATS-provided aircraft flight log book, with daily flight log sheets, will be utilized by the JPATS flight crews to record daily flight data and maintenance discrepancies. These daily flight log sheets will be managed and retained in accordance with policies and procedures contained in the JPATS General Maintenance Manual, Chapter IV as they are considered to be part of the aircraft’s permanent historical record. A white copy of each complete daily flight log sheet will be released to the Contractor upon completion of each flying day. The Contracting Officer and COTR shall have free and unrestricted access to these log books at all times.

K.7.

The Contractor is responsible for ensuring that no leased aircraft enters service with JPATS that has “scheduled” Heavy Maintenance or a “scheduled” Major Inspection that comes due within the first six (6) months following aircraft delivery to JPATS based on aircraft utilization as stated in Section II.G1. When leased aircraft experience Heavy Maintenance during the life of the contract (base plus option periods), the Contractor shall furnish a substitute dry leased aircraft that conforms to all requirements of the contract and the approval of the CO is first obtained in writing. Wet leased aircraft may be considered in lieu of dry leased aircraft only at discretion of the Contracting Officer.

K.8.

The Contractor is responsible for ensuring that each leased aircraft that is flown out of country on a JPATS mission or flown on a JPATS mission involving a Remain Over Night (RON) shall have a properly trained and certificated in-flight Airframe & Power plant (A&P) mechanic on board the aircraft and a spare parts “Flyaway Kit” complete with typical no-go components. The Contractor may also be required to provide an in-flight mechanic for domestic missions as directed by the Primary COTR. Travel expensed for the in-flight mechanics will be reimbursable under the contract’s ODC CLIN.

K.9.

The Contractor is responsible for providing Aircraft Maintenance and Logistics Support that offers JPATS “dispatchable” aircraft based on the following typical Monday through Saturday flying schedule:

Table No. 3. Typical Weekly Flying Schedule Local Time

The Contractor shall be responsible to provide appropriate levels of maintenance and logistic support at lease one (1) hour prior to the scheduled departure time of each aircraft.

K.10. The Contractor is responsible for providing Aircraft Maintenance and Logistics Support that provides “dispatchable” aircraft 24 hours a day, 7 days a week and on an “as needed basis” for emergency missions with a two hour notice from the COTR. Dispatchability of an aircraft will be based on the Minimum Equipment List (MEL) for that aircraft as well as the JPATS supplemental MEL (Attachment No. 7); however, final dispatchability of an aircraft will be determined by the JPATS Chief of Flight Operations and the JPATS Chief of Maintenance as defined in Section II. F.2. If an aircraft is not dispatchable due to maintenance, or takeoff is delayed more than two hours due to a maintenance delay, or a mission is aborted during any leg of the mission due to a maintenance problem, this shall be considered a lost mission. Failure to provide an aircraft for a scheduled mission that follows a lost mission shall result in the assessment of liquidated damages as defined in Section IV.M. If an aircraft completes a mission and arrives back at the operational site with a grounding write up against it, the contractor shall have the aircraft repaired and ready for the next scheduled mission or provide a replacement aircraft for the next scheduled mission. The Contractor must formally notify the on-site ACOTR not-later-than 2200 (local time) when any of the leased aircraft is unable to fly its next scheduled mission. Failure to have the aircraft repaired or to provide a replacement aircraft for that mission shall also result in the assessment of liquidated damages.

K.11.

It is JPATS’ preference that replacement aircraft are “dry” lease aircraft. The use of “wet” lease aircraft, including crew, as a replacement aircraft will be limited to those situations that do not exceed fourteen (14) calendar days.

K.12. Should the Contractor elect to provide a Wet Lease Aircraft as a replacement aircraft, (at no additional cost to the government), for any of the above lost mission situations, the crews of the Wet Lease Aircraft shall be subject to NCIC background checks, and the requirements established in Section IV, paragraph I. Wet lease aircraft shall come from appropriately certificated Title 14 CFR Part 121 or Part 125 commercial operators and will be operated in accordance with established policies and procedures contained in FAA approved operational specifications for that particular air carrier. Additionally, the flight crews must become familiar with the unique JPATS mission requirements and they must coordinate mission activities closely with the on board JPATS Flight Officer in Charge (FOIC) to ensure these requirements are met.

K.13.

JPATS reserves the right to test-fly a leased aircraft after correction of a maintenance discrepancy that caused the aircraft to be unairworthy to determine if the aircraft is in fact airworthy prior to boarding passengers. When these test flights are performed at the request of the Contracting Officer, the cost of fuel will be the responsibility of the Government.

K.14.

The Contractor is responsible for aircraft “push-backs” at all JPATS main operational sites with a “dual-pushback” requirement at the Oklahoma City operational site; one pushback from the JPATS hangar on the northeast end of the airport and one pushback from the Federal Transfer Center (FTC) on the southwest corner of the airport. “Power-backs” or “Power-Outs” are not authorized at any of the JPATS main operating sites.

K.15.

The Contractor shall be responsible to perform a complete exterior aircraft wash on each of the leased aircraft, as a minimum, once per calendar quarter. More frequent cleaning of the aircraft’s exterior may be directed at the discretion of the Contracting Officer and will be reimbursable under the ODC CLIN .

K.16.

The Contractor shall be responsible to perform an extensive (heavy) cleaning/servicing of each leased aircraft interior, to include steam cleaning the carpets and seats, seatback pockets, windows, window shades, etc as a minimum, once per calendar quarter. More frequent cleaning of the aircraft’s interior may be directed at the discretion of the Contracting Officer and will be reimbursed under the ODC CLIN. When JPATS aircraft fly more than one mission per day (e.g., two day missions with the same tail number or a day and night mission with the same tail number), the Contractor shall be responsible to clean the interior of the aircraft between missions. This “turn” cleaning shall include dumping the lavatories, cleaning the lavatories, cabin, galleys, to include emptying all trash cans, replacing the trash can liners, picking up the trash around the passenger seats, wiping down the mirrors, sink, toilet seat and shroud, wet mopping the floor, wiping down the galley and counter tops, sweeping the entry way and aisle, and restocking supplies.

K.17.

The Contractor shall be responsible to hangar the leased aircraft at the discretion of the JPATS COTR.

K.18.

The Contractor shall be responsible to ensure all leased aircraft are parked and secured each night to include the installation of wheel chocks, engine intake and exhaust covers, pilot covers, and other covers and plugs as recommended by the manufacturer for the type, model, and series of aircraft being offered under this lease.

K.19.

The Contractor shall notify the on-site ACOTR immediately when the status of any assigned lease aircraft changes rendering the aircraft unairworthy.

K.20.

The Contractor shall notify the on-site ACOTR immediately when there is an intention to MEL an inoperative piece of equipment, or when the MEL has been appropriately cleared. The on-site ACOTR will be the final approval authority for MEL actions.

K.21.

The Contractor shall notify the on-site ACOTR when aircraft parts have been ordered, the estimated time of…